The Canadian Federation of Students (CFS) and the Council of Canadians are “taking the Conservative government to court” over certain changes brought about by Bill C-23, the Fair Elections Act, ahead of a looming federal election.
The groups have filed 2,000 pages of evidence supporting their case, they announced February 23.
The CFS and the Council of Canadians are seeking a court order to dismiss some provisions of the act, saying that they defy the right to vote as set out by the Charter of Rights and Freedoms.
Since Minister for State of Democratic Reform Pierre Poilievre first introduced the bill in February 2014, the Fair Elections Act has been under fire from opposition parties and other groups that claim its provisions restrict voting, especially by youth, and suppress democracy.
The bill received Royal Assent in June 2014 after a series of amendments that removed some of its more controversial points.
Remaining points of contention
The Canadian Federation of Students and the Council of Canadians are contesting the Fair Elections Act specifically on its changes to voter identification, changes to the mandate of Elections Canada, and to the role of the Chief Electoral Officer.
Under the new law, the “vouching” option previously available to voters, in which a citizen without proof of their identity and/or residence could still vote by having another citizen vouch on their behalf, will be ended. It will be replaced by an oath system in which all voters must provide a form of identification, and may have another eligible voter sign an oath to prove their residency.
In future elections, voter information cards will no longer be acceptable proof of address.
Elections Canada will also be unable to engage in campaigns to promote voter turnout, which remains chronically low throughout the country — particularly with young people.
Only 61.1 per cent of eligible voters exercised this right in the 2011 federal election. For citizens aged 18-24, that statistic was only 38.8 per cent.
To Jessica McCormick, CFS national chairperson, these changes mean substantial barriers to voting — especially for students. “Students often move multiple times in a single year, so maintaining proof of address is not only rare, but also costly,” McCormick says, adding that in her eyes, the Fair Elections Act makes it more difficult for mobile people to provide the necessary documents to vote.
The CFS and Council of Canadians are calling on the former chief electoral officer of British Columbia, Harry Neufeld, and three other experts to provide evidence that tens of thousands of eligible voters would be disenfranchised by the removal of vouching.
Craig Scott, official opposition critic for democratic reform, referenced the Charter challenge in Question Period on February 24. “Provisions of this act are so problematic that two leading organizations are ready to ask for an injunction. There are sections of the unfair elections act that clearly infringe on charter rights,” Scott said of the challenge.
Poilievre responded that vouching is fraught with the possibility of fraudulent voting, and that Canadians agree it is reasonable to expect voters to provide identification to prove their eligibility.
Voter turnout
McCormick is particularly concerned about the how the Act will impact youth given that they are already underrepresented at the polls. She says that the move to restrict Elections Canada from encouraging people to vote will damage years of partnership between Canada and the CFS to combat low youth voter turnout.
Garry Neil, executive director of the Council of Canadians, agrees that parts of the act are undemocratic. “Canadians should be aware that the act would make it more onerous for many qualified electors to vote and will disenfranchise thousands of voters,” Neil said in a press release on February 23.
Neil added that, with a federal election slated to occur in 2015, Canadians should be concerned that the validity of the election results could be compromised by the Act.
Poilievre argues that the Fair Elections Act does not stand in the way of eligible voters’ rights, but will make it more difficult for fraudulent ballots to be cast.
In a Globe and Mail op-ed from March 24, 2014, Poilievre made a distinction between providing voter “information” and voter “motivation” arguing that Elections Canada is exclusively mandated to perform the former.
McCormick says that she will play an active role as a witness in the Charter challenge. “I will personally be participating, lending my experiences with the vouching process, and explaining to the courts the realities of the student experience that already stand in the way of many young people casting their ballots,” she says.
She adds that the Act precludes necessary action for a more engaged youth demographic. “In order to encourage young people to participate in the democratic process, we need to revoke the parts of the bill that make it more difficult to vote and to access information about voting,” she says.
Ongoing debates, looming election
The Fair Elections Act also attempts to set controls over automated calling used during political campaigns in response to the “robocall” scandal that called into question the 2011 election results in six ridings.
Calling service providers must now register with the Canada Radio-Television and Telecommunications Commission, which must in term keep records of the calls made during elections.
Political fundraising is also altered under the Act, with donation limits expanding to $1,500 for associations, parties, candidates and nominations/leadership candidates. This means a single source could conceivably donate a total of up to $6,000 in a year with both an election and a nomination race.
This provision has received vocal opposition from members of the NDP and Liberals, who say that it will benefit the Conservative Party disproportionately.
The Conservatives already have a fundraising edge over the NDP and the Liberals, having raked in $18.1 million in 2013, compared to the Liberals’ $11.3 million and the NDP’s $8.1 million.
Poilievre was promoted to minister for employment and social development in Stephen Harper’s cabinet on February 9. He still holds the Democratic Reform portfolio.
The CFS continues to engage with students and interested parties about the Fair Elections Act through their “Let People Vote” campaign at fairelectionsact.ca.
